Graening v. Wexford Health Services et al
| Tyler Howard Graening |
| West Virginia Division of Corrections and Rehabilitation, Randall Mutter, Tara Morgan, Wexford Health Services and Dr. Oscar Garcia |
| 1:2020cv00400 |
| June 25, 2020 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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Filing 21
RESPONSE by Tyler Howard Graening in opposition to #13 MOTION by Oscar Garcia, Tara Morgan, Wexford Health Services to Dismiss #3 Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Stroebel, Paul)
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Filing 20
NOTICE OF ATTORNEY APPEARANCE by Paul M. Stroebel on behalf of Tyler Howard Graening. (Stroebel, Paul)
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Filing 19
ORDER re: Defendants Garcia, Morgan and Wexford Health Sources' #13 MOTION to Dismiss and Defendant West Virginia Division of Corrections and Rehabilitation's #15 MOTION to Dismiss: Plaintiff's response is due on or before 8/21/2020. Plaintiff is advised that a failure to respond to Defendants' Motions may result in a recommendation of denial of the relief sought in the Complaint and dismissal of this suit. Following service of Plaintiff's response to Defendants' Motions, Defendants shall have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 7/22/2020. (cc: Plaintiff, pro se and counsel of record) (arb)
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Filing 18
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wexford Health Services (Herrick, Jordan)
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Filing 17
NOTICE OF APPEARANCE by Jordan K. Herrick, Adam K. Strider on behalf of Oscar Garcia, Tara Morgan, Wexford Health Services. (Herrick, Jordan)
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Filing 16
MEMORANDUM OF LAW by West Virginia Division of Corrections and Rehabilitation in support of #15 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss #3 Complaint. (Horne, Jerad)
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Filing 15
MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Horne, Jerad) (Modified on 7/22/2020 to add link to #3 complaint) (ts).
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Filing 14
MEMORANDUM OF LAW by Oscar Garcia, Tara Morgan, Wexford Health Services in support of #13 MOTION by Oscar Garcia, Tara Morgan, Wexford Health Services to Dismiss #3 Complaint. (Strider, Adam)
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Filing 13
MOTION by Oscar Garcia, Tara Morgan, Wexford Health Services to Dismiss #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Strider, Adam) (Modified on 7/22/2020 to add link to #3 complaint) (ts).
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Filing 12
Filing Fee: $350.00, Receipt Number 1BLUE001704. (arb)
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Filing 11
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Randall Mutter, Interim Superintendent re: #3 Complaint. Return Receipt Card signed by B. Browning. Randall Mutter, Interim Superintendent served on 6/29/2020, answer due 7/20/2020. (Attachment: #1 Mutter Summons) (arb)
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Filing 10
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Tara Morgan, R.N., B.S.N. re: #3 Complaint. Return Receipt Card signed by B. Browning. Tara Morgan, R.N., B.S.N. served on 6/29/2020, answer due 7/20/2020. (Attachment: #1 Morgan Summons) (arb)
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Filing 9
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Dr. Oscar Garcia, M.D. re: #3 Complaint. Return Receipt Card signed by B. Browning. Dr. Oscar Garcia, M.D. served on 6/29/2020, answer due 7/20/2020. (Attachment: #1 Garcia Summons) (arb)
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Filing 8
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for West Virginia Division of Corrections and Rehabilitation re: #3 Complaint. Return Receipt Card signed by C-19, SM1178. West Virginia Division of Corrections and Rehabilitation served on 6/29/2020, answer due 7/20/2020. (Attachment: #1 WV Div. of Corrections Summons) (arb)
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Filing 7
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Wexford Health Services re: #3 Complaint. Return Receipt Card signed by Joseph Ebbitt. Wexford Health Services served on 6/30/2020, answer due 7/21/2020. (Attachment: #1 Wexford Health Summons) (arb)
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Filing 6
SUMMONS ISSUED by the Clerk on behalf of Tyler Howard Graening for Wexford Health Services, West Virginia Division of Corrections and Rehabilitation, Dr. Oscar Garcia, Tara Morgan and Randall Mutter re: #3 Complaint, returnable 21 days; via cert. mail, RRR, restricted delivery. (Attachments: #1 WV Div. of Corrections Summons, #2 Dr. Garcia Summons, #3 Tara Morgan Summons, #4 Randall Mutter Summons, #5 Certified Mail Receipts (5)) (arb) (Modified on 6/25/2020 to remove incorrect image; image replaced) (mk).
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Filing 5
ORDER granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees. Due to Plaintiff's lack of funds, the Court does not assess an initial partial filing fee. Nevertheless, Plaintiff is required to make monthly payments as more fully described herein, until he has paid the total filing fee of $350.00. Plaintiff is to notify the Court in writing, within 30 days of entry of this Order, if he does not wish to pay the filing fee. It is ORDERED that the Clerk shall issue process. Signed by Magistrate Judge Omar J. Aboulhosn on 6/25/2020. (cc: Plaintiff, counsel of record and Trustee Officer at Stevens Correctional Center) (arb)
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NOTICE OF DOCKET CORRECTION re: #6 Summons Issued by the Clerk on behalf of Tyler Howard Graening for Wexford Health Services, West Virginia Division of Corrections and Rehabilitation, Dr. Oscar Garcia, Tara Morgan and Randall Mutter re: #3 Complaint. ERROR: Incorrect image. CORRECTION: Removed incorrect image; image replaced) (mk).
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Filing 4
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (arb)
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Filing 3
COMPLAINT. (arb)
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Filing 2
AUTHORIZATION TO RELEASE INSTITUTIONAL ACCOUNT INFORMATION AND TO PAY FILING FEE by Tyler Howard Graening (arb)
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Filing 1
APPLICATION by Tyler Howard Graening to Proceed Without Prepayment of Fees and Costs (Attachment: #1 Average Resident Balance Statement) (arb)
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